In the Matter of the Worker's Compensation Claim of: Daniel L. Decker v. State of Wyoming, ex rel., Workers' Safety and Compensation Division

2013 WY 75, 303 P.3d 1134, 2013 WL 2996205, 2013 Wyo. LEXIS 80
CourtWyoming Supreme Court
DecidedJune 18, 2013
DocketS-12-0250
StatusPublished
Cited by3 cases

This text of 2013 WY 75 (In the Matter of the Worker's Compensation Claim of: Daniel L. Decker v. State of Wyoming, ex rel., Workers' Safety and Compensation Division) is published on Counsel Stack Legal Research, covering Wyoming Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In the Matter of the Worker's Compensation Claim of: Daniel L. Decker v. State of Wyoming, ex rel., Workers' Safety and Compensation Division, 2013 WY 75, 303 P.3d 1134, 2013 WL 2996205, 2013 Wyo. LEXIS 80 (Wyo. 2013).

Opinion

VOIGT, Justice.

[T1] Daniel L. Decker, the appellant, applied for a permanent partial disability award. The Wyoming Worker's Safety and Compensation Division's (Division) denial of that application was upheld by the Office of Administrative Hearings (OAH) on the basis *1136 that the appellant failed to show that he was unable to return to work at a wage at least 95% of his earnings at the time of his injury. The district court affirmed the OAH's decision, albeit based on a different assessment of the appellant's ability to earn a living in the aftermath of his injury. We affirm.

ISSUE

[¶2] Was the OAH's decision supported by substantial evidence and was the decision properly supported by the law?

FACTS

[¶3] The appellant was diagnosed with wrist tendonitis as a result of a work-related injury and on September 10, 2001, received a Temporary Total Disability award, calculated based on monthly earnings of $4,290.00. The appellant's symptoms, however, progressed and he was re-diagnosed with thoracie outlet syndrome. Although the Office of the Medical Commission disagreed with this diagnosis, the appellant was eventually awarded benefits after two reversals by this Court. See Decker v. State ex rel. Wyo. Med. Comm'n, 2005 WY 160, 124 P.3d 686 (Wyo.2005); Decker v. State ex rel. Wyo. Med. Comm'n, 2008 WY 100, 191 P.3d 105 (Wyo.2008).

[T4] The current issue originated with the appellant's application for permanent disability benefits. On November 18, 2010, the Division issued a Final Determination of Permanent Partial Impairment Benefit, indicating that the appellant's work-related injury had resulted in a 4% whole body permanent partial impairment. On December 1, 2010, the appellant filed an Application for Permanent Disability Award or Vocational Rehabilitation Benefits. The Division denied that application after determining that the appellant had returned to work at a "comparable wage" and failed to comply with Wyo. Stat. Ann. § 27-14-405(h)(@) (LexisNexis 2011). The Division concluded, "[ylou were earning $4,290.00 a month as a sheet metal worker at the time of injury, and you are now earning an average of $4,855.34 a month at Powder River Heating and Air Conditioning." The appellant appealed that determination to the OAH.

[¶5] The OAH rejected the appellant's argument that it was bound by the monthly wage at the time of the injury of $4,290.00, as determined by the September 10, 2001, final determination issued by the Division. The hearing officer determined that the evidence contradicted this figure. Instead, the OAH relied upon the appellant's pay receipts from the third quarter of 2001 for an average monthly wage of $3,496.65. To determine the appellant's wage at the time he filed for permanent partial disability benefits, the OAH looked at the appellant's earnings in the fourth quarter of 2010, for an average of $4,855.34 per month. According to these findings, the OAH determined that the appellant was earning more than 95% of the wage earned at the time of the injury and, therefore, denied his appeal.

[T6] After another appeal by the appellant, the district court reached the same ultimate conclusion as the OAH, although based on different wages. The district court agreed with the OAH's determination that the appellant earned $3,496.65 at the time of his injury, but the district court rejected the OAH's reliance upon the appellant's fourth quarter of 2010 earnings to determine his post-injury wage. The district court agreed with the appellant and concluded that it would be more appropriate to take a broader view of the appellant's post-injury wage and relied upon the appellant's wages from the entire seven-year period preceding his application for permanent partial disability benefits. According to the district court, the average monthly wage over the course of this period was $3,527.00. Based on these revised wages, the district court agreed with the OAH that the appellant was unable to show that he could not return to work at a wage at least 95% of his wage at the time of the injury. The appellant now appeals that decision.

STANDARD OF REVIEW

[T7] This appeal presents both evi-dentiary and legal issues. "This court accords no special deference to the district court's decision and will consider the case as if it came directly from the agency." State *1137 ex rel. Wyo. Workers' Safety & Comp. Div. v. Jensen (In re Jensen), 2001 WY 51, ¶9, 24 P.3d 1133, 1136 (Wyo.2001).

[T8] Whether a postinjury wage is comparable to a pre-injury wage as required by Wyo. Stat. Ann. § 27-14-405(b)G) for an award of permanent partial disability benefits is a question of law. Schossow v. State ex rel. Wyo. Workers' Safety & Comp. Div., 2011 WY 111, ¶8, 255 P.3d 941, 943 (Wyo.2011). "The agency's conclusion{s] of law can only be affirmed if they are in accordance with the law." Id. at ¶8, 255 P.3d at 943 (quoting Poll v. State ex rel. Dep't of E'mp't, Div. of Workers' Safety & Comp., 963 P.2d 977, 980 (Wyo.1998)).

[¶9] With regard to evidentiary issues, we will not "adjust the decision of the agency unless it is clearly contrary to the overwhelming weight of the evidence on record." Newman v. State ex rel. Wyo. Workers' Safety & Comp. Div., 2002 WY 91, ¶26, 49 P.3d 163, 173 (Wyo.2002) (quoting Wyo. Steel & Fab, Inc. v. Robles, 882 P.2d 873, 875 (Wyo.1994)). "If the agency's decision is supported by substantial evidence, we cannot properly substitute our judgment for that of the agency and must uphold the findings on appeal." Id. at ¶ 12, 49 P.3d at 168 (quoting Jensen, 2001 WY 51, ¶ 10, 24 P.3d at 1136).

When the burdened party prevailed before the agency, we will determine if substantial evidence exists to support the finding for that party by considering whether there is relevant evidence in the entire record which a reasonable mind might accept in support of the agency's conclusions. If the hearing examiner determines that the burdened party failed to meet his burden of proof, we will decide whether there is substantial evidence to support the agency's decision to reject the evidence offered by the burdened party by considering whether that conclusion was contrary to the overwhelming weight of the evidence in the record as a whole. See, Wyo. Consumer Group v. Public Serv. Comm'n of Wyo., 882 P.2d 858, 860-61 (Wyo.1994); [Board of Trustees, Laramie County School Dist. No. 1 v.] Spiegel, 549 P.2d [1161,] 1178 [ (Wyo.1976)] (discussing the definition of substantial evidence as "contrary to the overwhelming weight of the evidence"). If, in the course of its decision making process, the agency disregards certain evidence and explains its reasons for doing so based upon determinations of eredibility or other factors contained in the record, its decision will be sustainable under the substantial evidence test. Importantly, our review of any particular decision turns not on whether we agree with the outcome, but on whether the agency could reasonably conclude as it did, based on all the evidence before it.

Schossow, 2011 WY 111, ¶ 9, 255 P.3d at 943-44 (quoting Dale v.

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2013 WY 75, 303 P.3d 1134, 2013 WL 2996205, 2013 Wyo. LEXIS 80, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-the-matter-of-the-workers-compensation-claim-of-daniel-l-decker-v-wyo-2013.